Term Reports in the Court of King's Bench, Volume 1


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Página 646 - His lordship then proceeded to say that the dependence or independence of covenants was to be collected from the evident sense and meaning of the parties, and that however transposed they might be in the deed, their precedency must depend on the order of time in which the intent of the transaction requires their performance.
Página 52 - We are bound," said Justice Buller in an early case in the King's Bench, " to take the act of Parliament as they have made it: a casus omissus can in no case be supplied by a court of law, for that would be to make laws...
Página 168 - What is reasonable notice is partly a question of fact, and partly a question of law ; it may depend in some measure on facts ; such as, the distance at which parties live from each other, the course of the post, &c.
Página 33 - By the nature of his contract, he is liable for all due care and diligence ; and for any negligence he is suable on his contract. But there is a further degree of responsiblity by the custom of the realm, that is, by the common law ; a carrier is in the nature of an insurer.
Página 386 - Trinity term, all grants or conveyances thereafter to be made, by fine or otherwise, of any manors or rents, or of the reversion or remainder of any messuages or lands, shall be good and effectual, to all intents and purposes, without any attornment of the tenants of any such manors, or of the land out of which such rent shall be issuing, or of the particular tenants upon whose particular estates any such reversions or remainders shall and may be expectant or depending, as if their attornment had...
Página 29 - The law charges this person thus intrusted to carry goods, against all events but acts of God, and of the enemies of the king. For though the force be never so great, as if an irresistible multitude of people should rob him, nevertheless he is chargeable. And this is a politic establishment, contrived by the policy of the law, for the safety of all persons, the necessity of whose affairs oblige them to trust these sorts of persons, that they may be safe in their ways of dealing...
Página 769 - ... him. That is, he may make use of the legal estate of the term to defend his possession ; or if he has lost the possession, to recover it at common law, notwithstanding that his adversary may at law have the strict title to the inheritance.
Página 272 - The jury found a verdict for the plaintiffs. Sower moved for a rule to shew cause why there should not be a new trial on the ground that the...
Página 27 - THIS was an action on the case against the defendant as a common carrier, for not safely carrying and delivering the plaintiff's goods.
Página 289 - But where money is paid under a mistake, which there was no ground to claim in conscience, the party may recover it back again by this kind of action.

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